016.20.98 Ark. Code R. 037
Work Participation Deferrals
A temporary deferralsfrom participation may be allowed if an individual states he or she is unable to participate due to one of the following situations:
If an otherwise required participant meets one of the above, verify, to the extent possible, the reason for deferral and document the case record accordingly.
For short-term medical deferrals, a doctor's statement or other medical documentation should be obtained. The statement should clearly state or othenwise Indicate that the person is unable to engage in work activities because of the medical condition and, whenever possible, give an estimated length of incapacity.
If the individual alleges a long-term disability, a referral will be made to Arkansas Rehabilitation Services for an assessment. If otherwise eligible, the application will be certified and the individual may be deferred pending the ARS assessment. (See TEA 3700). The individual will also be required to apply for SSA/SSI disability benefits. NOTE: A medical statement will not suffice as documentation for continued deferred following the ARS assessment. Only the ARS assessment will be accepted for deferred purposes.
Even though the adult is exempted or deferred from work participation requirements, the time limit continues to run during the exemption/deferral period. The County Office will ensure that the client is aware of that when the exemption/deferral is granted.
Because of the time-limited nature of the program, it is important to determine If there is any activity in which the client could participate rather than be deferred. For example, if the reason for deferral is caring for an incapacitated family member, activities which can be done at home, such as GED on TV, should be considered. When at all possible, the client should be required to be engaged in some activity which could help her obtain employment before she reaches her time limit, or better her chances for employment when TEA benefits are no longer available to the family. Even if the activity or the number of hours she can participate do not qualify for purposes of calculating the state's participation rate, the activity should be assigned rather than a deferral granted.
The Arkansas Department of Human Services and the Arkansas Rehabilitation Service (ARS) have entered Into a contract through which ARS will assess and provide services to TEA recipients who are subject to the time-limit and are required to participate in TEA work activities but allege a long-term disability. ARS will determine if the alleged disability is too severe for participation in TEA work activities or if services can be provided through their agency which will enable the client to move fon/vard toward being self-sufficient. The client will also be required to apply for SSA/SSI disability benefits. However, a doctor's or other medical statement will not be accepted as documentation for work deferral purposes once the ARS assessment is made. Because of the time frame for a SSA/SSI determination and the possibility of being denied, the client's 24-months of assistance may end while they are In deferred status. Therefore, If rehabilitative services are provided, the recipient's chance for becoming self-sufficient is Increased.
Services (ARS)
A TEA recipient who alleges a long-term disability will be referred to Arkansas Rehabilitation Services (ARS) for an assessment to determine if the alleged disability will allow him or her to participate In TEA work activities or other activities through ARS. The recipient is also required to apply for SSA/SSI disability benefits. If ARS determines that the disability is not severe enough to prevent participation, the client must comply with the TEA work activity requirements. If the disability Is too severe for participation in TEA work activities, ARS will determine if they can provide services that will possibly enable the client to enter the workforce. Failure to comply with the ARS assessment process will result in possible sanction for non-compliance with TEA activities.
When a TEA recipient alleges a long-term disability the caseworker will explain the ARS referral and assessment process as described above. An informational ARS pamphlet will be given to the client during the Interview.
Form DCO-3350, Referral for Services, will be used for referring the client to ARS. An explanation of the disability and a request to receive a report of the diagnosis will be included on the referral. The county must include form DCO-81, Consent for Release of information, signed by the client in order to receive a report back from ARS regarding the diagnosis. The address for submitting the referral Is based on the county location.
Upon receipt of the referral, ARS will contact the TEA recipient and schedule an appointment for an assessment. Through this assessment, ARS will determine if the client can participate in a work activity or needs further ARS services. ARS will provide DHS and the client with a decision upon completion of the assessment via memorandum. The decision will state that the individual has been found to:
ARS will also provide any additional information if appropriate.
The county will coordinate with the Rehabilitation Counselor as needed during the assessment process and if the client is accepted for services.
If ARS determines that the client is eligible for ARS services, the worker will contact the client to update the employment plan to include the ARS activities. The worker will determine if the service being provided can be considered a TEA work activity (e.g., WE, OJT, etc.) If the services can be applied to a TEA work activity, the appropriate work activity code will be used and thus, counted for purposes of calculating the State federal participation rate, if the service being provided is determined not to be a TEA work activity, the client will not be considered as deferred but shown as participating in ARS activities. In either event, the ARS activity will be the client's required TEA activity. Failure to comply with the ARS activity may result in the non-compliance sanction.
ARS will report non-compliance by a TEA recipient to the local office in which the referral was received. The local county office and ARS agency will coordinate communication procedures. TEA 3500, Non-Compliance Policy and Procedures, will be followed.
ARS will notify the county if an individual Is not accepted for services and provide a reason for non-acceptance as follows.
Disability Not Significant
If ARS determines that the client's alleged disability is not significant enough for ARS services, the worker will send a notice to the client that he or she will have to comply with TEA work participation requirements. The worker will schedule an appointment with the client to discuss work participation activities and to develop an Employment Plan or EP update.
Refused Services
ARS will notify the county if a client refuses services. The worker will contact the client to discuss the reason for refusal. If it is determined that the client refused services without good cause, the non-compliance procedures in TEA 3500 will be followed.
If ARS determines that the disability is too severe for ARS services, the TEA recipient will be deferred from participation in TEA work activities pending the disability determination from Social Security. The worker will contact the client advising him or her of the deferral. The client will also be advised that although deferred, the time limit is continuing to run. However, if the Social Security determination has not been made by the end of the client's 24 month limit, an extension to the time limit should be considered.
016.20.98 Ark. Code R. 037